Marriage Registration

Marriage certificate is the proof which states that two persons have been married. It is an official declaration. In older days, it was not mandatory to register the marriage in India but in 2006 Hon’ble Supreme Court made it mandatory for the spouses to register their marriage. It was made mandatory for protecting the rights of women. In India, marriage can be registered under Hindu Marriage Act, 1955 or Special Marriage Act, 1954.

Why is it important to obtain Marriage Certificate?

To safeguard women’s right. Also, it is important as spouses after marriage goes abroad where marriage certificate is necessary for the couple to produce. After marriage wives change their surname so for applying for PAN card or Passport with a new surname it is necessary to produce marriage certificate.

Documents needed for Marriage Certificate:

These documents are necessary for registering the marriage to obtain marriage certificate. These documents are submitted along with filled marriage registration form.

Age Proof: The male spouse should be above 21 years and female spouse should be above 18 years. Documents for this proof which needs to be produced are birth certificate or matriculation certificate.

Marriage Proof: Documents required for this should be wedding invitation or any proof of solemnization of marriage.

Identity & Address Proof: Ration card or driving license or employee ID card or aadhar card or passport. Any of this can be used for identity and address proof.

In case of Online Marriage Registration following steps need to be followed firstly, select your district; secondly, fill in the details of husband and choose for registration of marriage certificate; thirdly, fill in the marriage certificate form and choose a date for appointment and fourthly, submit the application. After registration a number would be received, this is printed on the acknowledgement slip. On day of appointment take the printout of the acknowledgment slip along with application form.

Court Marriage Procedure consists of:

Step-1: Notice of Marriage: The couple has to give a notice of their marriage to their district officer where at least one of the spouses is residing for at least 30 days before giving of the notice.

Step-2: Publication of Notice: The officer will display the notice at his office from where it can be easily visible. After which a compulsory waiting period of 30 days start in which anyone can object the marriage. If no objection is raised then marriage officer can proceed further.

Step-3: Objections and its investigation: If any objection is raised then the marriage officer will record it in the notice book and proceed with the investigation. Within 30 days the marriage officer has to arrive at the decision. In case marriage officer has refused to solemnize the marriage then the couple can go to appeal to district marriage within 30 days of order of such decision.

Step-4: Declaration by Parties and their witnesses: The couple along with three witnesses needs to sign the declaration in presence of marriage officer.

Step-5: Marriage Registration Certificate: Marriage certificate will be entered by marriage officer in marriage certificate book and the certificate will be signed by the spouses as well as the three witnesses.

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FAQ

Yes you can file case of divorce against your spouse on the ground of cruelty as well as desertion, however i suggest though you may not intend to cohabitate with your wife you should file petition of Restitution of conjugal rights in alternate grant of divorce, in this way court will understand that you case is genuine and may direct your wife to reside with you either or get divorce with condition to withdraw the criminal case filed against you.

Marriages among Muslims are guided by Muslim Personal law and hence none of the two marriages would be invalid because as per this law a Muslim man can have as many as four wives.
However you can file a case that you were uninformed or misinformed about the previous marriage of your husband under section 406 of IPC, that is, breach of trust and section 420 of IPC for committing fraud.

Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnised. The Registration is done under Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions.
Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.